Businesses bring a lot of opportunities for investors, suppliers and employees. When business deals and contracts go well, they open possibilities for economic growth and employment, which can generate profits for businesses and improve the life of workers. However, things do not go smoothly all the time in the business field. Disputes between business owners, business owners and clients, other businesses or employees can arise. In order to resolve issues like this, commercial litigation has been created.
What Is Commercial Litigation?
Commercial litigation covers all disputes or disagreements related to business. Due to the broad nature of businesses, commercial litigation includes a wide variety of areas including but not limited to contract disputes, partnership/joint venture issues, disputes concerning property, negligence, debt recovery, class actions, breach of fiduciary duty and more. It creates solutions for lawsuits with no criminal charges involved. Commercial litigation usually focuses on enforcing or defending the rights of a party, seeking compensation or injunctive relief in respect of a wrongdoing or obtaining orders compelling a party to execute a specific action.
Is Commercial Litigation the Same as Business Litigation?
Yes. Business litigation is another term for commercial litigation. It has two or more parties with a company or a business group involved. It can also involve a commercial dispute between two or more individuals concerning the conduct of a business or the affairs of a company.
Commercial Litigation Vs Civil Litigation
The main difference between them is in the parties included in the dispute. It is civil litigation if the lawsuit is between individuals, which is usually about getting paid or demanding action. On the other hand, it falls under commercial litigation if the plaintiff (the one who files the lawsuit) or the defendant is a company or part of a business. Commercial litigation tends to be more complex and can take often take years before it reaches a conclusion.
What Does Complex Commercial Litigation Mean?
Complex commercial litigation happens when there are high stakes or complicated rules and processes involved. It is usually used in cases with fraud or other commercial activities where outcomes involve large amounts of money. It is also classified as complex commercial litigation if a business or an individual committed deceit, concealment, violation of trust, or legal and medical malpractice.
What Is Included in Commercial Litigation?
Given that there are a lot of business types, a wide range of disputes can also arise. Some of the cases filed under commercial litigation are the following:
Contracts are an essential part of business transactions and partnerships. They list all the legal obligations of both parties and the consequences of not being able to meet them. A dispute arises when there is a disagreement on the interpretation of the contract or if there are issues in terminating it. This case usually involves a business and its clients, partners or employees.
Property disputes happen when there is a conflict between two parties that involves an interest in personal properties/real estate or if a landlord and a tenant had an argument. It is often about property lines, rightful ownership, repairs and property damage.
Insolvency and Debt Recovery
Insolvency pertains to an individual or a business’ incapability to pay their debts to lenders on the agreed time. By restructuring the debtor’s assets or gathering all of the debtor’s assets, creditors regain their losses.
Intellectual Property Rights
Intellectual properties are intangible assets that are created by the mind. They include manuscripts, music compositions, art and designs, symbols, names, procedures and business plans. These creations are protected by patents, trademarks, copyrights and trade secrets. If a business or company is using your intellectual assets without permission, you have the right to commence proceedings in order to protect your creations and ownership.
Competition and Consumer Law
Any breach of terms under the Australian Consumer Law falls in the Competition and Consumer Law category. According to the Australian Competition & Consumer Commission, Australian Consumer Law involves regulations set to protect consumers from misleading or deceptive products or services, unjust conduct, unfair contract terms and violation of consumer warranties.
This involves a company’s issue with its internal members, shareholders and third parties. Corporate disputes happen when there are problems with governance and management, such as decisions ruled by corporate bodies, distribution of stocks/shares and compensation claims.
Aside from these categories, commercial litigation also includes these types of issues:
- Aviation disputes
- Insurance coverage
- Business torts
- Employment and labour
- Fraud and misrepresentation.
How Madison Marcus Can Help You
Have you ever had an argument or issues with your employees? How about a breached contract from one of your business associates?
Commercial litigation lawyers are responsible for representing an individual or a company’s interest during a dispute. They handle all legal matters involved in the case, such as transactions, documentation, paperwork, investigation, trials, settlements, appeals and more. By hiring a commercial litigation lawyer, you can free yourself from dealing with complex matters and focus on running your business or other things.
If you are looking for a commercial litigation lawyer in Sydney or Brisbane, Madison Marcus has an expert commercial litigation team with experience in all state courts and tribunals, as well as all Commonwealth courts. Our commercial litigation team is led by John de la Hoyde and David Low, who was recently named as one of Australia’s Best Lawyers 2020 in Litigation.
We can assist you in these areas:
- Debtor and creditor disputes (including recovery of fees and commissions)
- Disputes in regard to loans, mortgages, guarantees and financial contracts
- All forms of contract and business disputes
- Commercial and retail leases disputes
- Residential and commercial property disputes
- Personal and corporate insolvency advice
- Advice and representation in relation to professional sporting contracts and disciplinary disputes.
Take advantage of our free 15-minute consultation, and we will do everything we can to help you. Contact us today.